VOL. XXV  . . . . . . . . . . . . . October 17, 2001 . . . . . . . . . . . . . . . . NO. 36

PART I. . . . . . . . . . . . . . . . . . . . . . . . ORDERS ISSUED BY PERC

 

BP-2001-012(Relating to CB-2000-011);Order O1U-267(October 10, 2001)

GARY C. WILLIAMS, Charging Party,

v.

AFSCME FLORIDA COUNCIL 79, Respondent.

A... the Commission issued its final order in which it determined that AFSCME had breached its duty of fair representation by the arbitrary manner in which it processed Gary C. Williams' grievance.  The Commission determined, among other things, that Williams was entitled to an award of back pay from the date of his dismissal to the date he is either employed or should have been employed in a substantially comparable position.

AFSCME appealed the Commission's final order to the First District Court of Appeal.  On September 14, 2001, upon its own motion, the Court ordered AFSCME to show cause why the appeal should not be dismissed as the order being appealed did not appear to be a final order because it did not resolve the issue of back pay.  On September 25, AFSCME responded to the Court's show cause order agreeing that the Commission's order was not a final order until a back pay determination had been made.@

PERC remands the case to the hearing officer to make a recommendation regarding back pay.

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EL-2001-037 & EL-2001-039(Relates to RC-2001-024 & RC-2001-026)(October 10, 2001)

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, INC., and INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Petitioners,

v.

TOWN OF JUPITER, Respondent,

v.

PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Intervenor.

Election results and order certifying unit 1347 for all non- sworn communication officers and sworn officers of the ranks of police officer, detective, and sergeant.  PERC also revokes certification 202.  97 eligible voters cast one ballot for FOP, 63 ballots for the intervenor and 11 votes for the PBA.

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EL-2001-038 & EL-2001-040(Relates to RC-2001-025 & RC-2001-027)(October 10, 2001)

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, INC., and INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Petitioners,

v.

TOWN OF JUPITER, Respondent,

v.

PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Intervenor.

Election results and order certifying unit 1346 for all sworn officers of the rank of lieutenant.  PERC also revokes certification  861.  7 eligible voters cast 1 ballot for FOP, 4 for IUPA and 2 ballots for PBA.

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CA-2001-053;Order 01GC-268(October 12, 2001)

BARRY J. SANDERSON, JR., Charging Party,

v.

CITY OF JACKSONVILLE, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by not allowing Sanderson to join the union.

ASanderson=s charge has not been sworn to or notarized, and it does not appear that it has been served on the City.  Thus, it must be dismissed.

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EL-2001-036(Relates to RC-2001-018)(October 12, 2001)

INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Petitioner,

v.

CITY OF CASSELBERRY POLICE DEPARTMENT, Respondent,

v.

CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., A CHAPTER OF THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Intervenor.

Election results and order recertifying the PBA for unit  550 for all full time and part-time sworn police employees (both probationary and permanent) in the classification of police officer, police detective and police sergeant.  49 eligible voters cast 20 votes for the petitioner and 22 for the intervenor.  The petition is dismissed.

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 EL-2001-033 (Relates to RC-2001-019)(October 12, 2001)

INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Petitioner,

v.

CITY OF CASSELBERRY, Respondent.

Election results and order certifying unit 1348 for all full-time and part-time sworn police employees in the classification of police lieutenant.  5 eligible voters cast 1 vote for the petitioner.

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RA-2001-009;Order 01E-269(October 12, 2001)

COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

CITY OF FORT PIERCE, Respondent,

v.

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, Intervenor.

PERC grants the voluntary recognition-acknowledgment petition and certifies unit 1349 for all police sergeants and lieutenants employed by the City of Fort Pierce.

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RC-2001-038;Order 01E-270(October 12, 2001)

SEMINOLE COUNTY PROFESSIONAL FIREFIGHTERS, LOCAL 3254, IAFF, Petitioner,

v.

SEMINOLE COUNTY, ELECTION, Respondent.

PERC approves the consent election agreement and orders a secret ballot election for battalion chiefs.

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EL-2001-043(Relates to RC-2001-033);Order 01E-271(October 15, 2001)

LOCAL 1749,AMALGAMATED TRANSIT UNION, AFL-CIO, CLC, Petitioner,

v.

CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY, DBA/LYNX, Respondent.

PERC denies the Authority=s motion for and on-site election and orders a mail-in ballot election.

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MISCELLANEOUS

Tentative Agreement Reports

FEN Calendar

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CITATION DISCLAIMER - This summary should not be cited. For that purpose, the cases may be acquired by contacting FSLRS, PERC, FEN district representatives, FPELRA representatives, jurisdiction labor relations officers or their attorneys for particular cases.

The Florida School Labor Relations Service

is a joint venture of the

Florida School Boards Association

and the

Florida Association of District School Superintendents".

Its publications are designed to provide accurate and authoritative information in regard to public employee labor relations and collective bargaining.  This information is provided with the understanding that FSLRS is not engaged in rendering legal service.  If legal advice or assistance is required, contact your attorney.

==================================================================

Marcus Johnston, Executive Director

Florida School Labor Relations Service

203 South Monroe Street

Tallahassee, Florida 32301

850/414-2587 - SUNCOM 994-2587

FAX - 850/414-2585 - SUNCOM 994-2585